MINUTES OF THE
SENATE Committee on Human Resources and Facilities
Seventy-second Session
March 28, 2003
The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 10:50 a.m., on Friday, March 28, 2003, in Room 2135 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.
COMMITTEE MEMBERS PRESENT:
Senator Raymond D. Rawson, Chairman
Senator Barbara K. Cegavske, Vice Chairman
Senator Maurice E. Washington
Senator Bernice Mathews
Senator Valerie Wiener
COMMITTEE MEMBERS ABSENT:
Senator Dennis Nolan (Excused)
Senator Joseph Neal (Excused)
STAFF MEMBERS PRESENT:
H. Pepper Sturm, Committee Policy Analyst
Cynthia Cook, Committee Secretary
OTHERS PRESENT:
Charlene Herst, Program Manager, Bureau of Family Health Services, Health Division, Department of Human Resources
Sean Gamble, Lobbyist, Clark County Health District
Bobbie Gang, Lobbyist, Nevada Women’s Lobby
Van V. Heffner, President, Nevada Hotel and Lodging Association
Judith Wright, Chief, Bureau of Family Health Services, Health Division, Department of Human Resources
Deborah K. Cahill, Lobbyist, Nevada State Education Association
Chairman Rawson:
We will call the meeting to order, and open the hearing on Senate Bill (S.B.) 287.
SENATE BILL 287: Establishes Arthritis Prevention and Control Program to increase public awareness of and educate persons on matters relating to arthritis. (BDR 40-596)
Senator Wiener:
For the record, I am Senator Valerie Wiener, Clark County Senatorial District 3. I urge your support of S.B. 287, which would establish an Arthritis Prevention and Control Program. The program would increase public awareness and education on matters relating to arthritis. Arthritis encompasses more than 100 diseases and conditions that affect joints, surrounding tissue of joints, and other connective tissues. Arthritis is one of the most common families of diseases in our country, affecting nearly one in every six persons in the United States. The social and medical costs are staggering, and this is why the Arthritis Foundation, the Centers for Disease Control and Prevention, and the Association of State and Territorial Health Officials have developed a public health strategy. This legislation establishes a statewide program, with an advisory committee, to address current and future needs of the people of Nevada. By establishing the details of a program in statute, the shell of the program is in place for the receipt of federal money.
Senator Mathews:
Could the Health Division do this without statutory authority?
Senator Wiener:
The Health Division has indicated they are initiating a program. I developed this from a model piece of legislation that will create the statutory provision. As policies change, this strong commitment establishes a framework for continuity.
Chairman Rawson:
In 1985 I sponsored legislation for an ethics institute. It was 1997 before the grant came in and it was actually established.
Senator Wiener:
There is federal money which the State has received based on this national effort.
Charlene Herst, Program Manager, Bureau of Family Health Services, Health Division, Department of Human Resources:
The Health Division has received a grant of $100,000 from the Centers for Disease Control and Prevention (CDC) to address arthritis in Nevada. A continuation grant was submitted to the CDC for fiscal year 2004 and it is expected level funding will be awarded. Senate Bill 287 requires the Health Division to establish an Arthritis Prevention and Control Program to increase public awareness and educate persons regarding arthritis. Funding from the CDC is being used to implement the requirements outlined in the bill. An arthritis coalition, with both public and private membership, became effective February 2003. The Health Division appreciates the opportunity to address S.B. 287 and to recognize the importance of arthritis as a chronic disease.
Chairman Rawson:
We will close the hearing on S.B. 287, and open the hearing on S.B. 307.
SENATE BILL 307: Requires posting of signs in certain food establishments warning of risk of drinking alcoholic beverages during pregnancy and merges Advisory Subcommittee on Fetal Alcohol Syndrome into Advisory Board on Maternal and Child Health. (BDR 40-6)
Senator Wiener:
I urge support for this bill which would require the posting of warning signs in places where alcohol is served by the drink. The bill merges the Advisory Subcommittee on Fetal Alcohol Syndrome into the Advisory Board on Maternal and Child Health. Fetal alcohol syndrome is preventable, and S.B. 307 will help get the word out to educate pregnant women and protect unborn children.
Sean Gamble, Lobbyist, Clark County Health District:
The district fully supports this bill. The district would not have to regulate the requirement; it would be a part of normal inspections.
Bobbie Gang, Lobbyist, Nevada Women’s Lobby:
We were very disappointed this legislation did not pass last session. We support this bill wholeheartedly. The reasons stated here are very clear. Posting signs in the restrooms is wise and important; we cannot have too many warnings to pregnant women about the harmful effects of alcohol.
Senator Cegavske:
In order to prevent vandalism, would it help to post the signs on the outside of the restroom doors?
Senator Wiener:
My primary interest is having the signs posted in a location conspicuous to the patrons of the establishment.
Chairman Rawson:
Would you consider the women’s restroom to be a conspicuous place?
Senator Wiener:
Women who drink would be likely to use the restroom.
Van V. Heffner, President, Nevada Hotel and Lodging Association:
The association represents 182 hotel casino members and 700 restaurants. We are opposed to S.B. 307 because this issue is a health care issue. The dangers of fetal alcohol syndrome should be a part of prenatal care and education from the provider. Restaurants are private businesses, and we hold for our customer’s freedom of choice to meet the needs of dining privileges. There are warnings on bottles by the surgeon general. The pressure on restaurants has become a mass of labeling and warnings. We are supportive of education starting through our school system and health classes to work closely with pregnant women. I do not believe the posting of signs will be useful. In Washington, D.C., the signs have been abused.
judith Wright, Chief, Bureau of Family Health Services, Health Division, Department of Human Resources:
I will read prepared testimony (Exhibit C) in support of S.B. 307.
Chairman Rawson:
We will close the hearing S.B. 307 and open the hearing on S.B. 390.
SENATE BILL 390: Requires persons who serve on Commission on Professional Standards in Education as teachers to hold certain national certification. (BDR 34-892)
Senator Cegavske:
In 1999 Nevada saw the benefits of providing stipends for teachers in pursuing certification issued by the National Board for Professional Teaching Standards. As a State we have invested in creating this talented pool of individuals by providing a 5 percent salary increase. Board certification requires an experienced teacher undergo a rigorous 1-year program with intense classroom work and pass a test of subject matter knowledge. Those who successfully complete the program, and only one half do so, receive national certification as proof of their high level of professionalism. This bill completes the circle. We have invested in these individuals and this measure seeks to make use of their talents and skills to improve their profession. We need them as we move the State into the requirements of the No Child Left Behind Act of 2001. I have passed out a map (Exhibit D) showing the distribution in the Western States of National Board Certified Teachers.
Deborah K. Cahill, Lobbyist, Nevada State Education Association (NSEA):
The association has prepared proposed amendments for S.B. 390 (Exhibit E). Currently, Nevada is approaching 200 National Board Certified Teachers. The Nevada State Education Association has the ability to recommend appointments to the Commission on Professional Standards in Education and we take into account whether the candidate is certified. A concern is the small pool of candidates may make it hard to find people to recommend. The association submits three names to the Governor, and he chooses from them. Acknowledging it would be good to have participation of certified candidates, one of the suggested amendments by NSEA is to expand the number of commissioners to ten to create a position that would be a National Board Certified Teacher. The association would like the opportunity to recommend all of the teachers. Also, delete section 1, subsection 5, the requirement a member of the commission be employed by a private school. Currently, private schools are not required to hire licensed teachers if they are exempt, and NSEA would prefer the commission teachers be actively involved in the process in terms of meeting high standards.
Senator Wiener:
We would like to avoid a fiscal impact. Instead of increasing the membership of the Commission on Professional Standards in Education, could we say there must be a minimum of one or two members who hold certification issued by the National Board for Professional Teaching Standards?
Ms. Cahill:
That would resolve the problem and mitigate any fiscal impact.
Senator Cegavske:
We need to stress the profession needs these individuals. I think the State made this investment hoping to make use of their talents in this fashion. I suggest we specify two members must hold certification issued by the National Board for Professional Teaching Standards now, and delay adding the other two for a year.
Chairman Rawson:
Once a teacher is appointed to the Commission on Professional Standards in Education, are they still in the classroom?
Ms. Cahill:
The commission meets once every 6 weeks, on a Friday.
Chairman Rawson
We have 20,000 teachers in Nevada. I am concerned so few are certified.
Ms. Cahill:
When NSEA is notified of an opening on the commission, we submit recommendations to the Governor. It is a rigorous process in terms of finding candidates to recommend. To find two candidates means we would have to submit names of six who are board certified. When we ask people if they are interested in serving, we often get refused because they do not want to spend time away from the classroom. We struggle to make sure the representation is balanced racially and ethnically. It is troublesome to find minority teachers to serve on the commission.
Chairman Rawson:
Nevada has 200 National Board Certified Teachers, which is 1 percent of our teachers. It seems restrictive to say that only 1 percent can serve on the commission. As the number of certified teachers increases, we can justify a higher number. Essentially we are saying that is the only qualification, and I believe there are other good qualifications. I do not want the bill to end. Language in section 1, subsection 2 could say, “Four members of the Commission must be teachers, one of whom must hold certification issued by the National Board for Professional Teaching Standards.” We can add another line to say this issue should be reviewed regularly to determine the number in the future. In essence I am saying as the number of board-certified teachers rises it would be appropriate to increase the number on the commission. We would put one in now, and revisit the issue each session. I think the legislative intent is to more than double the number of certified teachers in Nevada before we add the requirement that four members must be certified.
Senator Cegavske:
I understand the concerns. I would like the language to say nothing would preclude all of the members from being certified.
Ms. Cahill:
I do not know if any of the current members are certified. My concern is when this goes in effect, we would need to transition the next appointment.
Senator Washington:
Could you tell me why there are so few minorities who are nationally certified?
Chairman Rawson:
There are very few teachers in Nevada who are certified, in general.
Ms. Cahill:
Of the total number of teachers in Nevada who are certified, I do not know how many are minorities. We make an effort to find candidates to represent all the geographical areas in the State.
Senator Cegavske:
Would NSEA support this bill with the language recommended by Chairman Rawson?
Ms. Cahill:
With the language Chairman Rawson described, we would support the bill.
SENATOR CEGAVSKE MOVED TO AMEND AND DO PASS AS AMENDED S.B. 390.
SENATOR WIENER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS NOLAN AND NEAL WERE ABSENT FOR THE VOTE.)
*****
Chairman Rawson:
This meeting is adjourned at 11:40 a.m.
Subsequent to the meeting, Lawrence P. Matheis, Lobbyist, Nevada State Medical Association, asked that the association be on record in support of S.B. 287 and S.B. 307.
RESPECTFULLY SUBMITTED:
Cynthia Cook,
Committee Secretary
APPROVED BY:
Senator Raymond D. Rawson, Chairman
DATE: